STATE OF RAJASTHAN vs HEMRAJ

The Supreme Court upheld the High Court's decision that the accused Hemraj could not be convicted under Section 376(2) IPC due to lack of evidence regarding his presence at the crime scene, and that the female respondent, Kamla, could not be held guilty under the same section as per the Explanation to Section 376(2)(g) IPC. The Court emphasized the necessity of establishing the presence of an accused for conviction in rape cases. The appeal by the State was dismissed, affirming the High Court's ruling on the acquittal of both respondents.